Updated 12:40 pm, Tuesday, January 23, 2018

District Judge Bill Burke declared Reginald Grant Jr., the sole Republican challenger against 127th State Rep. Dan Huberty, ineligible for office in a summary judgment after a hearing Friday afternoon in the 189th District Court.

The court's ruling isn't final until the court of appeals weighs in, Zakes said, and he expects that won't be until after the election.

"It should be up to the good people of the jury to make that decision and it should be up to the voters decide," Zakes said.

For six years, Grant lived with his wife in a home in Huffman owned by her father. In March, Grant moved into his father's home, which is outside of District 127, and later filed for divorce. To be eligible for office, Grant must have lived in the district continuously for six months prior to filing for candidacy. Huberty's attorney Jeff Davis calculated that date to be some time in June.

Grant has argued his situation is temporary - he lived in the district for six years, and he's always intended to remain within the district, but he's waiting for his divorce to be finalized before he buys a house.

Zakes pointed to the 1980s when George H.W. Bush listed the Houstonian Hotel as his official residence, though he only stayed there a few nights over the eight years he served as vice president.

"Your residence is where you establish it, and that stays your residence until you do something to change it," Zakes said.

Burke argued with the logic, stating the residency requirement loses its meaning if all a candidate has to say is they intend to live in the district. Using an extreme example, Burke said, a person could sell his house, wander the world the rest of his life and that same house would still be considered his residence because he never formally established another one.

"He may have had a temporary absence and temporary residence with his father while he's figuring out what he wants to do, but the statute requires continuous residence in the district.," Burke said. "I don't think a jury could reasonably decide under these undisputed facts that he meets the residency requirement."

It's too late to have Grant removed from the March primary ballot.

If Grant were to win the March primary and be declared ineligible for the race afterward, it would be up to Republican precinct chairs in the district to choose his replacement for the November race. That means Huberty might not be selected as the replacement on the ballot.

"We are disappointed Grant's name will still be on the ballot, but the Huberty campaign will take steps to ensure the voters are informed that Mr. Grant has been disqualified as a candidate," stated Allen Blakemore, Huberty campaign strategist, in a news release after the hearing.